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TRANE COMPANY v. 401 BROAD HOLLOW REALTY CORP.

272 A.D.2d 608 (2000)

709 N.Y.S.2d 424

TRANE COMPANY, a Division of AMERICAN STANDARD, INC., Respondent, v. 401 BROAD HOLLOW REALTY CORP. et al., Defendants, and SBARRO INC., Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 30, 2000.

Ordered that the order dated July 23, 1999, is affirmed; and it is further,

Ordered that the order dated October 1, 1999, is affirmed insofar as appealed from; and it is further,

Ordered that the plaintiff is awarded one bill of costs payable by the appellant.

The plaintiff, Trane Company (hereinafter Trane), submitted sufficient evidence in support of its motion for partial summary judgment to entitle it to judgment as a matter of law against the...

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